^Jniv.of  Ill.  Library 

53^7 

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«W!VK8ITV  Of  ILLINOIS 


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Oak  Street 
UNCLASSIFIED 


ACT  OF  INCORPORATION 


BY-LAWS 


SECOND  AND  THIRD  STREET 


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WITH  THE 


LETTERS  PATENT, 

ORDINANCES  OF  COUNCILS,  GENERAL  RAILROAD  LAW, 
ACKNOWLEDGMENT  OF  CITY  SOLICITOR,  Ac. 


^PHILADELPHIA: 

McLaughlin  brothers’  book  &  job  printing  establishment,  112  south  third  st. 

1858. 


I 


llUftAfflr 

i/M5YBR8mr  Of  IIUNOI3 

URBAN A 

ACT  OF  INCORPORATION 


AND 


BY-LAWS 


OF  THE 


WITH  THE 


LETTERS  PATENT, 

ORDINANCES  OF  COUNCILS,  GENERAL  RAILROAD  LAW, 
ACKNOWLEDGMENT  OF  CITY  SOLICITOR,  &c. 


PHILADELPHIA: 

McLaughlin  brothers’  book  &  job  printing  establishment,  112  south  third  st. 

1858. 


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LIST  OF  OFFICERS 


OF  THE 

Smmlr  anli  ®pi  Stmt  f asmtpr  ^ailtoag  €a.  at  fPaMip. 


PRESIDENT, 

JAMES  YERREE. 


DIRECTORS, 


JAMES  Y.  WATSON, 

JOHN  H.  BRINGHURST, 

M.  S.  BULKLEY, 

JACOB  BINDER, 

HARRY  CONNELLY, 

PETER  RAMBO, 

THOMAS  I.  POTTS, 

ALEXANDER  CUMMINGS, 

WILLIAM  A.  MITCHELL, 

LEWIS  SHINNICK, 

GEORGE  READ, 

PAUL  J.  FIELD. 

TREASURER, 

T 

ROBERT  KELTON. 


SECRETARY, 


DENDY  SHARWOOD. 


- 


AN  ACT 


Inmptate  %  Sttmtli  sift  ®|irlj  Stott  fitsttttger  Utoitag 


Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 
the  Commonwealth  of  Pennsylvania  in  General  Assembly  met ,  and  it  is 
hereby  enacted  by  the  authority  of  the  same ,  That  John  Robbins,  Junior, 
James  Verree,  Samuel  Megargee,  Wm.  0.  Kline,  Anthony  Miskey,  Paul 
J.  Field,  Hugh  O’Donnell,  M.  S.  Bulkley,  John  P.  Verree,  James  Y. 
Watson,  George  Read,  Curwen  Stoddart,  Peter  Rambo,  John  H.  Bring- 
hurst,  Henry  Crilley,  Henry  Bumm,  John  K.  Gamble,  S.  D.  Anderson, 
John  Horn,  Henry  Nicholas  Marselis,  Joseph  P.  Loughead,  Harry  Con¬ 
nelly,  John  F.  Mascher,  Lambert  Towns,  B.  F.  Hart,  Wm.  A.  Mitchell, 
A.  A.  Gregg,  Harry  Conrad,  Stephen  Robbins,  George  Fisher,  Jacob  Jones, 
John  Dorian,  Lewis  Wunder,  Charles  D.  Robbins,  Alexander  Cummings, 
Daniel  M.  Fox,  George  Earp,  Edward  S.  Lawrance,  Henry  Bickley,  W.  P. 
Cooper,  E.  Cameron,  Joseph  Singerly,  John  McGreger,  J.  E.  Ridgway, 
Samuel  S.  Warthmann,  Thomas  W.  Higgins,  Jno.  O’Brien,  Francis 
McManus,  Charles  Harlan,  Ferdinand  Giesler,  Dendy  Sharwood,  Wm.  H. 
Kichline,  Henry  Gerker,  Jacob  Binder,  Andrew  McBride,  Robert  Kelton, 
Robert  Cabeen,  Samuel  B.  Jones,  William  Read,  Lewis  Shinnick,  John  Blair, 
Thomas  J.  Potts,  Charles  S.  Peall,  Charles  E.  Roberts,  Richard  M.  Berry, 
Charles  Doran,  H.  R.  Coggshall,  George  H.  Hart,  John  Anspach,  Junior, 
Joseph  Glenat,  Henry  K.  Strong,  Joseph  B.  Myers,  or  a  majority  of  them, 
be  and  they  are  hereby  constituted  and  appointed  commissioners  to  open 
books,  receive  subscriptions  and  organize  a  company  by  the  name,  style  and 
title  of  the  Second  and  Third  Street  Passenger  Railway  Company  of  Phila¬ 
delphia,  with  power  and  authority  to  lay  out  and  construct  a  railway,  con¬ 
necting  at  Third  and  Dock  streets,  extending  northwardly  along  Third  street 
to  Brown  street ;  along  Brown  to  Beach  street ;  along  Beach  to  Maiden 
street ;  along  Maiden  street,  or  the  opening  north  of  the  public  square,  to 
Frankford  road;  along  Frankford  road  to  Queen  street;  along  Queen  to 
Richmond  street;  thence  along  Richmond  street  to  Allegheny  avenue,  and 


6 


returning  along  Richmond  to  Norris  street ;  along  Norris  street  to  Franklin 
avenue ;  along  Franklin  avenue  to  Second  street ;  along  Second  street 
to  Mifflin  street;  along  Mifflin  street  to  Third  street,  and  along  Third 
street  to  Dock  street,  with  the  right  to  extend  the  said  railway  from 
Third  and  Brown  streets  northwardly  along  Third  street  to  Germantown 
road;  along  Germantown  road  to  Oxford  street;  along  Oxford  eastwardly 
to  Third  street;  along  Third  street  to  Norris  street;  along  Norris  street  to 
Second,  and  along  Second  street  to  Franklin  avenue,  also  diverging  at 
Frankford  road  and  Franklin  avenue ;  thence  along  Frankford  road  to  the 
foot  of  Queen  street,  with  a  single  track  from  thence  along  Frankford  road, 
with  a  double  track  to  Maiden  street ;  thence  along  Maiden  street  with  a 
single  track  to  Penn  street ;  thence  along  Penn  street  to  Coates,  and  thence 
along  Coates  street  to  Second  street,  to  connect  at  Second  street  with  the 
main  track,  and  with  the  further  right  to  extend  the  said  railway  from 
Frankford  road  and  Queen  street,  northwardly  along  Frankford  road  to 
Amber  street ;  southwardly  along  Amber  street  to  Front  street,  and  along 
Front  street  to  Franklin  avenue,  or  along  such  other  streets  east  of  Third 
street  as  the  Councils  of  the  city  of  Philadelphia  may  authorize  for  the 
purpose  of  carrying  out  the  object  of  this  act,  with  a  single  track  on  each  of 
said  streets,  except  Richmond  street,  which  may  have  a  double  track  east  of 
Norris  street  and  Frankford  road,  which  may  have  a  double  track  north  of 
Franklin  avenue,  with  the  privilege  of  extending  the  same  north  and  south 
along  Third  and  Second  streets  and  Jefferson  avenue,  and  eastwardly  along 
Richmond  street  and  Frankford  road  to  any  point  within  the  city  limits  as 
public  convenience  may  from  time  to  time  require,  subject  to  all  the  pro¬ 
visions  and  restrictions  of  an  act  regulating  railroad  companies,  approved 
the  nineteenth  day  of  February,  one  thousand  eight  hundred  and  forty-nine, 
and  the  several  supplements  thereto,  so  far  as  the  same  are  not  altered  or 
supplied  by  this  act,  and,  also,  to  an  ordinance  of  the  City  Councils  entitled, 
an  ordinance  to  regulate  passenger  railways  within  the  city  of  Philadelphia, 
approved  the  seventh  day  of  July,  one  thousand  eight  hundred  and  fifty- 
seven  :  Provided ,  however ,  That  nothing  contained  in  this  act  shall  be  con¬ 
strued  to  authorize  the  construction  of  a  double  track  on  Second  and  Third 
streets,  or  on  Frankford  road  north  of  Franklin  avenue. 

Section  2.  That  the  capital  stock  of  the  said  Company  shall  consist  of 
five  thousand  shares  of  fifty  dollars  each :  Provided ,  That  the  said  Com¬ 
pany  may  from  time  to  time,  by  a  vote  of  the  stockholders,  at  a  meeting 
called  for  that  purpose,  increase  the  capital  stock,  if  it  should  be  deemed 
necessary  to  an  amount  not  exceeding  ten  thousand  shares,  for  the  purpose 
of  completing  and  equipping  the  railway  ;  the  said  Company  shall  have  the 
power  of  borrowing  any  sum  not  exceeding  in  amount  the  one-half  of  their 


7 


capital  stock,  at  a  rate  of  intetest  not  exceeding  seven  per  centum  per  an¬ 
num,  and  to  secure  the  payment  of  the  same  by  the  issue  of  a  bond  and 
mortgage  of  the  said  railroad,  together  with  the  corporate  rights  and  fran¬ 
chises  granted  by  this  act,  and  to  annex  to  the  said  bond  and  mortgage  the 
privilege  of  converting  the  same  into  the  capital  stock  of  the  said  Company 
at  par,  at  the  option  of  the  holders,  if  they  shall  signify  their  election  one 
year  before  their  maturity;  Provided,  also,  That  the  said  Company  shall 
issue  no  certificate  of  loan  of  a  less  denomination  than  one  hundred 
dollars. 

Section  3.  That  the  said  Railway  Company  shall  not  use  a  locomotive 
for  the  purpose  of  transporting  cars  over  their  road  under  the  penalty  of  a 
forfeiture  of  their  charter;  and  whenever  the  said  Company  shall  declare 
dividends  exceeding  the  rate  of  six  per  centum  per  annum,  in  addition  to 
any  tax  imposed  by  general  laws  on  their  capital  stock,  they  shall  pay  into 
the  treasury  of  the  city  of  Philadelphia,  for  the  use  of  the  said  city,  a  tax 
of  six  per  centum  per  annum  on  the  excess  of  dividend  above  said  rate  of 
six  per  centum  per  annum;  and  the  said  Company,  before  commencing  to 
use  the  said  road  upon  said  streets,  shall  purchase,  at  the  option  of  the 
owners,  the  stock  of  horses,  omnibuses,  sleighs  and  harness,  owned  and 
used  upon  the  said  streets  at  the  time  of  commencing  the  said  road,  at  a 
price  to  be  assessed  by  three  disinterested  persons  to  be  appointed  in  the 
following  manner :  the  said  owners  shall  choose  one  disinterested  person, 
and  the  said  Company  shall  choose  a  second  person,  and  the  two  thus  chosen 
shall  choose  a  third,  who  also  shall  be  a  disinterested  person,  and  the  three 
shall  appraise  such  stock ;  and  the  value  thus  arrived  at  shall  be  binding  and 
final  upon  both  parties,  and  said  appraisers  shall  be  sworn  to  faithfully  per¬ 
form  all  the  duties  incident  to  said  appointment,  and  who  shall  make  the 
appraisement  within  thirty  days  from  the  time  of  their  appointment. 

Section  4.  That  before  the  said  Railway  Company  shall  commence  to 
use  the  said  streets,  the  consent  of  the  Councils  of  the  city  of  Philadelphia 
shall  be  first  obtained,  and  said  consent  shall  be  taken  and  deemed  to  have 
been  given  if  said  Councils  shall  not  within  thirty  days  after  the  passage  of 
this  act,  by  ordinances  duly  passed,  signify  their  disapprobation  thereof,  and 
the  said  Councils  may  from  time  to  time,  by  ordinances,  establish  such  regu¬ 
lations  in  regard  to  said  Railway  as  may  be  required  for  the  purposes  of 
paving,  re-paving,  grading,  culverting  and  laying  gas  and  water  pipes  in 
and  along  said  streets,  and  to  prevent  obstructions  thereon ;  and  that  the 
said  Company  in  constructing  said  road  shall  conform  to  the  grades  estab¬ 
lished  by  Councils,  of  the  several  streets  and  avenues  traversed  by  said  rail¬ 
way,  and  keep  said  streets  in  perpetual  good  repair  at  the  proper  expense  of 
the  said  Company. 


8 


Section  5.  That  the  said  Railway  Company  shall  have  the  right  to  cross 
at  grade  any  railroad  that  is  now  or  that  hereafter  may  be  built  within  the 
limits  of  the  city  of  Philadelphia,  and  to  connect  with  any  other  passenger 
railway  within  the  said  city. 

Section  6.  That  it  shall  be  the  duty  of  said  Company,  at  every  point  of 
crossing  at  grade  any  railroad  upon  which  locomotive  steam  engines  are 
employed,  to  have  flag-men  stationed,  and  use  all  the  precautions  and  means 
of  safety,  excepting  the  gates  that  are  provided  in  the  supplement  to  an  act 
to  incorporate  the  Philadelphia  and  Delaware  River  Railroad  Company, 
authorizing  said  Company  to  cross  the  Philadelphia  and  Reading  Railroad 
at  grade  at  Frankford  avenue,  and  the  Company  hereby  incorporated  shall 
be  subject  to  all  the  penalties  in  said  supplement  provided  for  the  Phila¬ 
delphia  and  Delaware  River  Railroad  Company. 

Section  7*  The  said  railway  on  the  route  described,  shall  be  subject  to 
the  use  of  any  part  or  parts  thereof  by  any  other  Passenger  Railway  Com¬ 
pany,  for  the  purpose  of  completing  a  route  or  making  a  circuit,  upon  such 
conditions  as  may  be  agreed  upon  by  such  other  Company  and  the  said 
Second  and  Third  Street  Passenger  Railway  Company,  and  in  case  the 
Companies  cannot  agree,  then  upon  such  terms  and  conditions  as  shall  be 
prescribed  by  the  Councils  of  the  City  of  Philadelphia. 

a.  NELSON  SMITH, 

Speaker  pro  tern,  of  the  House  of  Representatives. 

WM.  H.  WELSH, 

Speaker  of  the  Senate. 

Approved  the  tenth  day  of  April,  Anno  Domini,  one  thousand  eight 
hundred  and  fifty- eight. 


WM.  F.  PACKER. 


LETTERS  PATENT. 


Pennsylvania : 

William  F.  Packer, 


In  the  name  and  by  the  authority  of  the  Commonwealth  of 
)  Pennsylvania,  William  F.  Packer,  Governor  of  the  said  Com¬ 
monwealth  : 


To  all  to  whom  these  presents  shall  come ,  sends  greeting. 

Whereas,  An  Act  of  the  General  Assembly  of  this  Commonwealth, 
entitled  “An  Act  to  incorporate  the  Second  and  Third  Street  Passenger 
Railway  Company  of  Philadelphia,”  approved  the  tenth  day  of  April,  A.  D. 
1858,  provides  for  the  organization  of  a  company,  by  the  name,  style  and 
title  of  “  The  Second  and  Third  Street  Passenger  Railway  Company  of 
Philadelphia,”  subject  to  the  provisions  and  restrictions  of  an  Act,  entitled 
u  An  Act  regulating  Railroad  Companies,”  and  approved  the  nineteenth 
day  of  February,  A.  D.  1849,  and  the  several  supplements  thereto,  by 
which  acts  the  Governor  of  this  Commonwealth  is  authorized  and  required 
to  issue  his  letters  patent  in  the  manner  and  at  the  time  therein  specified. 
And  zohereas ,  the  stipulations,  conditions,  and  things,  in  the  said  acts  di¬ 
rected  to  be  performed,  have  in  all  respects  been  fully  complied  with. 
Now  know  ye,  that  in  pursuance  of  the  power  and  authority  to  me  given 
by  law,  I,  William  F.  Packer,  Governor  of  the  said  Commonwealth,  do  by 
these  presents,  which  I  have  caused  to  be  made  patent,  and  sealed  with  the 
seal  of  the  State,  create  and  erect  the  subscribers  to  the  stock  of  the  said 
company  for  the  number  of  shares  by  them  subscribed,  viz  :  James  Yerree, 
two  hundred  shares;  John  P.  Yerree,  two  hundred;  John  H.  Bringhurst, 
two  hundred ;  A.  Cummings,  two  hundred ;  C.  W.  Carrigan,  fifty ;  Eliza¬ 
beth  Carrigan,  one  hundred;  William  H.  Dufiield,  seventy;  Robert  Kelton, 
one  hundred  and  fifty-eight;  Robert  Cabeen,  one  hundred;  Harry  Con¬ 
nelly,  two  hundred  and  fifty  ;  George  Read,  two  hundred ;  Charles  Wister, 
two  hundred;  James  Y.  Watson,  two  hundred;  Lewis  Shinnick,  two 
hundred;  William  A.  Mitchell,  two  hundred;  M.  S.  Bulkley,  two  hundred  ; 


10 


Peter  Rambo,  two  hundred ;  Curwen  Stoddard,  ninety-five ;  Paul  J.  Field, 
seventy -five;  Thomas  J.  Potts,  two  hundred;  Isaac  N.  Marselis,  fifty; 
Joseph  P.  Loughead,  fifty;  Henry  Crilley,  fifty;  George  H.  Hart,  twenty; 
George  Fisher,  sixty;  Lewis  Wunder,  ninety ;  R.  K.  Neff,  thirty;  Jacob 
Binder,  two  hundred ;  Bendy  Sharwood,  two  hundred  and  fifteen ;  Hugh 
O’Donnell,  fifty;  John  K.  Gamble,  ten;  Henry  Benner,  fifty;  Jacob 
Jones,  eight;  Francis  McManus,  twenty-five;  B.  F.  Hart,  ten;  C.  D.  Rob¬ 
bins,  ten ;  Andrew  McBride,  twenty ;  Ferdinand  Geisler,  ten ;  Lambert 
B.  Towns,  thirty ;  J.  G.  Peall,  five  ;  Charles  D.  Seddinger,  one ;  Henry 
Dearr,  one;  B.  M.  Withey,  one  ;  L.  A.  Wallenweber,  two;  Lewis  Thomp¬ 
son,  one;  Joseph  Glenat,  thirty;  William  0.  Kline,  ten;  John  Horn,  one 
hundred;  Daniel-  Trump,  ten;  William  C.  Rice,  one;  Samuel  Matthew, 
ten;  John  J.  Mascher,  ten;  John  Wood,  twenty;  James  Holmes,  five; 
Mary  J.  Dearr,  one;  Caroline  Reimer,  one;  Barbara  Reimer,  one;  Samuel 
F.  Bodine,  one  hundred;  Charles  S.  Smith,  twenty-five;  Albert  D.  Boileau, 
twenty -five ;  Charles  Carnell,  twenty ;  John  Heines,  eleven;  Joseph  S. 
Henszy,  fifty;  Robert  Beatty,  twenty;  William  B.  Mann,  thirty;  H.  Ger- 
ker,  twenty-five;  John  Henry,  two;  Charles  Day,  ten;  John  Dolan,  two; 
W.  A.  Hart,  one;  Samuel  A.  Yansciver,  ten;  Seth  King,  eight;  Richard 
S.  Coyle,  five ;  and  Eli  Krupp,  sixty  shares. 

Amounting  in  the  whole  to  five  thousand  shares,  and  also  those  who  shall 
afterward  subscribe  into  one  body  politic,  and  corporate  in  deed  and  in  law 
by  the  name,  style  and  title  of  “  The  Second  and  Third  Street  Passenger 
Railway  Company  of  Philadelphia.”  And  by  the  said  name,  the  subscribers 
shall  have  perpetual  succession,  and  all  the  privileges  and  franchises  inci¬ 
dent  to  a  corporation,  and  the  said  subscribers,  and  those  who  shall  after¬ 
ward  subscribe,  their  successors  and  assigns,  are  generally  to  be  invested 
with  all  the  right,  powers  and  privileges,  with  full  power  and  effect,  and 
subject  to  all  the  duties,  requisites  and  restrictions,  specified  and  enjoined 
in,  and  by  the  said  acts  of  the  General  Assembly,  and  all  the  other  laws  of 
this  Commonwealth. 

Given  under  my  hand  and  the  great  seal  of  the  State,  at  Harrisburg, 
this  fourteenth  day  of  May,  in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  fifty-eight,  and  of  the  Commonwealth  the  eighty-second. 

By  the  Governor. 

HENRY  L.  DIEFFENBACK. 


Dep.  Secretary  of  the  Commonwealth. 


(©rdinantfi 

TO  REGULATE  PASSENGER  RAILWAYS. 


Section  1.  The  Select  and  Common  Councils  of  the  City  of  Phila¬ 
delphia  do  ordain,  that  all  Passenger  Railroad  Companies  within  the  City 
of  Philadelphia  shall  he  subject  to  the  restrictions,  limitations,  terms  and 
conditions  hereinafter  provided;  and  any  such  Company,  before  entering 
upon  any  road,  street,  avenue  or  alley,  within  the  limits  of  said  City,  shall 
be  understood,  and  deemed  to  be  subject  thereto,  upon  the  conditions  here¬ 
inafter  prescribed. 

Section  2.  That  it  shall  be  the  duty  of  said  Companies,  or  any  of  them, 
to  conform  to  the  surveys,  regulations  and  gradients  as  they  are  now  or  may 
hereafter  be  established  by  law.  They  shall  submit  all  proposed  plans, 
courses,  styles  of  rails,  and  the  manner  of  laying  the  same,  to  the  Board  of 
Surveys  and  Regulations,  for  their  approval  and  sanction,  which  shall  be 
obtained  before  they  proceed  to  break  ground  or  occupy  any  of  the  high¬ 
ways  as  aforesaid ;  and  they  shall  be  further  required  to  lay  flag-stones  or 
crossings  along  the  line  of  the  paved  streets  upon  which  the  rails  are  laid, 
at  intervals  not  exceeding  two  hundred  and  fifty  feet;  and  any  neglect, 
omission  or  refusal  to  do  so  on  the  part  of  any  such  Company,  shall  be 
punishable  by  a  fine  of  not  less  than  fifty  dollars,  for  each  and  every  offence, 
recoverable  before  any  Alderman  of  the  City  of  Philadelphia,  and  payable 
into  the  City  Treasury. 

Section  3.  That  all  Railroad  Companies,  as  aforesaid,  shall  be  at  the 
entire  cost  and  expense  of  maintaining,  paving,  repairing  and  repaving  that 
may  be  necessary  upon  any  road,  street,  avenue  or  alley  occupied  by  them. 
That  for  the  convenience  of  the  public,  it  shall  also  be  the  duty  of  such 
Companies  to  clear  the  streets,  or  other  public  highways  that  they  may 
occupy,  of  snow  or  any  obstructions  placed  therein  by  such  Companies,  when 
the  same  impedes  the  travel  upon  said  highways,  and  for  any  neglect  on 
their  part  to  do  so  for  a  period  of  five  days,  they  shall  be  punishable  by  a 


UBRMW  . 

iiWVERSffl  w 


12 


fine  of  twenty  dollars  for  each  square  that  may  be  so  impeded,  recoverable 
before  any  Alderman  of  the  City  of  Philadelphia,  and  payable  into  the  City 
Treasury,  upon  a  complaint  of  five  citizens  residing  therein,  upon  oath  or 
affirmation  :  provided,  nevertheless,  that  whenever  any  such  Company  shall 
deem  it  inexpedient  to  use  their  said  road  during  the  continuance  of  the 
snow,  they  shall  provide  comfortable  sleighs,  or  other  suitable  vehicles  for 
the  transportation  of  passengers  along  the  route  of  their  railway  at  the 
usual  rates  as  aforesaid ;  then,  and  in  that  case,  no  such  penalty  shall  be 
recoverable. 

Section  4.  That  it  shall  be  the  duty  of  any  Company,  as  aforesaid,  when 
requested  so  to  do  by  the  Chief  Commissioner  of  Highways,  to  remove  any 
obstruction,  mend  or  repair  their  road,  pave  or  repave  the  highways,  as 
herein  before  provided,  and  should  they  refuse  or  neglect  to  do  so  for  ten 
days  from  the  date  of  such  notice,  then  and  in  such  case  the  Councils  may 
forbid  the  running  of  any  car  or  cars  upon  the  said  road  until  the  same  is 
fully  complied  with;  and  the  City  reserves  the  right  in  all  such  cases  to 
repair  or  repave  such  streets,  and  the  expense  thereof  shall  be  a  judgment 
upon  the  road,  stock  and  effects  of  such  Company,  recoverable  as  judgments 
are  now  recoverable  by  the  City  of  Philadelphia. 

Section  5.  It  shall  be  the  duty  of  said  Company,  or  Companies,  to  em¬ 
ploy  careful,  sober  and  prudent  agents,  conductors  and  drivers,  to  take 
charge  of  their  car  or  cars  when  upon  the  road,  and  for  the  violation  of  any 
Act  of  Assembly,  or  Ordinance  of  the  City,  on  the  part  of  any  such  officer, 
or  officers,  or  employees  upon  said  road,  the  Company  shall  be  liable  to  all 
fines,  forfeitures  or  damages  therefrom  :  provided,  however,  that  this  act 
shall  not  be  taken  to  excuse  or  free  any  such  officer  or  employee,  from  the 
penalties  or  responsibilities  of  any  such  violations,  or  other  acts  by  them 
committed. 

Section  6.  The  running  speed  of  the  cars,  upon  any  City  Passenger 
Railroad,  shall  not  at  any  time  be  at  a  greater  rate  than  six  miles  an  hour, 
in  the  paved  and  built-up  portions  of  the  City,  nor  shall  they  incommode 
the  crossings,  nor  stop  at  the  corners  of  any  street  or  elsewhere,  to  solicit 
passengers.  It  shall  also  be  the  duty  of  conductors  and  drivers  of  the  cars 
to  give  ample  notice  to  drivers  of  vehicles  and  pedestrians  of  their  approach, 
and  also  to  afford  all  reasonable  opportunity  for  them,  or  either  of  them,  to 
avoid  collision  or  accident,  and  any  neglect  by  them  to  comply  with  the 
provision  of  this  section,  shall  be  punished  by  a  fine  of  five  dollars,  to  be 
recovered  before  any  Alderman  of  the  City,  and  paid  into  the  City  Treasury, 
and  the  Mayor  of  the  City  is  in  such  cases  empowered  to  revoke  the  license 
of  such  car  or  cars,  and  they  shall  not  be  permitted  to  be  again  placed  on 
the  road  until  such  license  is  renewed. 


13 


Section  7.  It  shall  be  incumbent  on  all  Railroad  Companies,  as  afore¬ 
said,  before  placing  cars  upon  their  road,  to  pay  into  the  office  of  the  Chief 
Commissioner  of  Highways,  and  annually  thereafter,  for  the  use  of  the  City, 
the  sum  of  five  dollars  for  each  car  intended  to  run  on  the  same.  They 
shall  also  have  the  number  painted  in  some  conspicuous  place  upon  each 
car;  and  any  omission,  or  neglect,  to  comply  with  either  of  these  provisions, 
shall  be  punishable  by  a  fine  of  ten  dollars,  *to  be  recovered  on  complaint 
before  any  Alderman  of  the  City,  who  shall  pay  the  same  forthwith  into  the 
City  Treasury. 

Section  8.  The  Directors  of  any  such  Company,  or  Companies,  shall, 
immediately  after  the  completion  of  any  Passenger  Railroad  in  the  City, 
file,  in  the  office  of  the  City  Solicitor,  a  detailed  statement,  under  the  seal 
of  the  Company,  and  certified  under  oath  or  affirmation  by  the  President  and 
Secretary,  of  the  entire  cost  of  the  same;  and  the  City  of  Philadelphia  re¬ 
serves  the  right  at  any  time  to  purchase  the  same,  by  paying  the  original  cost 
of  said  road  or  roads,  and  cars,  at  a  fair  valuation.  And  any  such  Company, 
or  Companies,  refusing  to  consent  to  such  purchase  shall  thereby  forfeit  all 
privileges,  rights  and  immunities  they  may  have  acquired  in  the  use  or  pos¬ 
session  of  any  of  the  highways  as  aforesaid ;  or  should  any  such  Company 
or  corporation  neglect  to  run  cars  upon  their  road  or  roads  for  the  accom¬ 
modation  of  the  public,  for  the  space  of  three  consecutive  months,  the 
Councils  reserve  the  right  to  rent  the  same  to  any  other  person  or  persons, 
company  or  companies,  who  will  be  willing  to  run  cars  on  the  same ;  or  in 
the  event  of  the  Councils,  as  aforesaid,  being  unable  to  rent  said  road,  or  to 
place  cars  upon  the  same  for  one  year  after  the  same  shall  have  been  aban¬ 
doned,  as  aforesaid,  by  the  Company  constructing  or  owning  the  same,  then, 
and  in  such  case,  the  Councils  reserve  the  right  to  cause  the  said  road  to  be 
removed  from  the  highways,  and  to  sell  or  dispose  of  the  materials  thereof, 
and  after  paying  all  expenses  arising  therefrom,  pay  the  balance,  if  any,  to 
the  legal  representatives  of  the  said  defaulting  Company. 

Section  9.  Any  Passenger  Railroad  Company,  which  is  now  or  may 
hereafter  be  incorporated  in  the  City  of  Philadelphia,  shall,  by  their  proper 
officer  or  officers,  who  shall  sign  the  same,  file  in  the  office  of  the  City 
Solicitor  a  written  obligation  to  comply  with  the  provisions  of  this  Ordi¬ 
nance:  provided,  that  no  Railroad  Company  now  incorporated  shall  be 
authorized  to  commence  work  upon  any  of  the  Highways  of  the  City  until 
this  section  has  been  complied  with;  and  a  failure  to  do  so,  for  ten  days, 
shall  be  taken  and  deemed  as  a  refusal  on  the  part  of  such  Company ;  and 
in  case  the  Philadelphia  and  Delaware  River  Railroad  Company  should  fail 
to  comply  with  the  provisions  of  this  section,  on  or  before  the  eighth  of 
July,  proximo,  the  City  Councils  hereby  express  their  disapproval  of  an 


14 


Act,  entitled  “  A  Supplement  to  an  Act  to  incorporate  the  Philadelphia  and 
Delaware  River  Railroad  Company,”  approved  June  9, 1857,  which  provides 
for  the  construction  of  a  Passenger  Railway,  by  a  private  corporation,  over 
Fifth  and  Sixth  streets,  in  the  City  of  Philadelphia. 

JOHN  MILLER, 

President  of  Common  Council. 

G.  M.  WHARTON, 

President  of  Select  Council. 


Approved  the  seventh  day  of  July,  A.  D.,  one  thousand  eight  hundred 
and  fifty-seven. 


RICHARD  VAUX, 


Mayor  of  Philadelphia. 


©nlinanrc 


PASSED  BY  THE  CITY  COUNCILS,  APKIL  16,  1858, 


The  select  and  Common  Councils  of  the  city  of  Philadelphia  do  ordain, 
that  in  pursuance  of  the  power  and  authority  in  them  vested  by  the  said 
acts  of  Assembly,  Councils  do  hereby  declare  their  disapproval  of  each  and 
every  of  the  said  acts  of  Assembly  in  the  above  preamble  mentioned,  and 
of  the  rights  therein  respectively  granted  to  “  The  Philadelphia  and  Gray’s 
Ferry  Passenger  Railway  Company;”  “  The  Second  and  Third  Street  Pas¬ 
senger  Railway  Company  of  Philadelphia ;  ”  “  The  North  Branch  Passenger 
Railway  Company  of  the  City  of  Philadelphia;”  “The  Fairmount  Pas¬ 
senger  Railway  Company,”  and  “The  North  Philadelphia  Plankroad  Com¬ 
pany,”  to  occupy  the  streets  and  highways  of  the  City  of  Philadelphia. 

The  second  section  of  the  ordinance  is  :  “  That  if  any  company  in  the 

said  preamble  named  shall,  within  ninety  days  from  the  passage  of  this 
ordinance,  and  before  such  company  shall  occupy  any  of  the  said  streets  or 
highways,  file  in  the  office  of  the  City  Solicitor  a  written  obligation  suffi¬ 
cient  in  law  to  bind  such  company  to  observe  and  be  subject  to  all  ordi¬ 
nances  of  the  city  in  relation  to  passenger  railways  then  in  force,  and  there¬ 
after  to  be  passed,  then  the  provisions  of  the  first  section  of  this  ordinance, 
as  to  each  and  every  such  company  as  shall  file  such  written  obligation  as 
aforesaid,  shall  cease  to  have  effect.” 


» 


l 


GENERAL  RAILROAD  LAW  OF  PENNSYLVANIA. 


AN  ACT  REGULATING  RAILROAD  COMPANIES. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Representa¬ 
tives  of  the  Commonwealth  of  Pennsylvania  in  General  Assembly 
met ,  and  it  is  hereby  enacted  by  the  authority  of  the  same ,  That 
whenever  a  special  act  of  the  General  Assembly  shall  hereafter  be 
passed,  authorizing  the  incorporation  of  a  Company  for  the  construc¬ 
tion  of  a  Railroad  within  this  Commonwealth,  the  Commissioners  CommjS_ 
named  in  such  act,  or  any  five  of  them,  shall  have  power  to  open sioners- 
books  for  receiving  subscriptions  to  the  capital  stock  of  such  Com-  Subscrip. 
pany,  at  such  time  or  times,  and  at  such  place  or  places  as  they  maytlons* 
deem  expedient,  after  having  given  at  least  twenty  days’  notice,  in 
one  or  more  newspapers,  published  in  the  county  where  books  of 
subscription  are  to  be  opened ;  and  at  the  times  and  places  so  desig¬ 
nated  and  named  in  the  public  notices  to  be  given,  as  aforesaid,  the 
said  Commissioners,  or  any  two  of  them,  shall  attend  and  furnish  to 
all  persons  duly  qualified,  who  shall  offer  to  subscribe,  an  opportunity 
of  so  doing;  and  it  shall  be  lawful  for  all  such  persons,  and  for  all  Who  may 

,  -.-ii  ,  1  ,  subscribe. 

firms  and  copartnerships,  by  themselves  or  by  persons  duly  author¬ 
ized,  to  subscribe  for  shares  in  said  stock ;  and  the  said  books  shall 
be  kept  open  at  least  six  hours  in  every  day,  for  the  term  of  three 
juridical  days,  or  until  there  shall  have  been  subscribed  the  whole 
number  of  shares  authorized  by  the  special  act;  and  if  at  the  expira¬ 
tion  of  three  days,  the  books  aforesaid  shall  not  have  the  number  of 
shares  therein  subscribed,  the  said  Commissioners  may  adjourn  from 
time  to  time,  and  to  such  places  as  they  may  deem  proper,  until  the 
whole  number  of  shares  authorized,  as  aforesaid,  shall  be  subscribed, 
of  which  adjournment  the  Commissioners  aforesaid  shall  give  such 
public  notice  as  the  occasion  may  require;  and  when  the  whole 
number  of  shares  shall  be  subscribed,  the  books  shall  be  closed  : 
Provided  always ,  That  no  subscription  for  such  stock  shall  be  valid 
unless  the  party  or  parties  making  the  same,  shall,  at  the  time  of 
2 


18 


Payment,  subscribing,  pay  to  the  said  Commissioners  five  dollars  on  each  and 
every  share  subscribed,  for  the  use  of  the  Company. 

Section  2.  That  when  ten  per  centum  on  the  capital  stock,  as 
provided  by  any  special  act  of  incorporation,  shall  have  been  sub¬ 
scribed,  and  five  dollars  paid  on  each  and  every  share,  as  aforesaid, 
the  said  Commissioners,  or  such  of  them  as  shall  have  acted,  shall 
certify  to  the  Governor,  under  their  hands  and  seals,  the  names  of 
the  subscribers,  and  the  number  of  shares  subscribed  by  each,  and 
that  five  dollars  on  each  share  have  been  paid,  whereupon  the  Gover¬ 
ns  tters  pa-  nor  shall,  by  letters  patent,  under  his  hand  and  the  seal  of  the 
Commonwealth,  create  and  constitute  the  subscribers,  and  if  the 
subscription  be  not  full  at  the  time,  those  who  shall  thereafter  sub¬ 
scribe  to  the  number  of  shares  aforesaid,  their  successors  and  assigns, 
into  a  body  politic  and  corporate,  in  deed  and  in  law,  by  the  name, 
style  and  title,  designated  by  the  special  act  of  Assembly ;  and  by 
the  said  name,  style  and  title,  the  said  subscribers  shall  have  per- 
Priviieges.  petual  succession,  with  all  the  privileges,  franchises  and  immunities 
incident  to  a  corporation,  and  be  able  to  sue  and  be  sued,  plead  and 
be  impleaded,  in  all  courts  of  record  and  elsewhere,  and  to  purchase, 
receive,  have,  hold,  use  and  enjoy  to  them  and  their  successors, 
goods,  chattels  and  estate,  real  and  personal,  of  what  kind  and  nature 
soever,  and  the  same  from  time  to  time,  to  sell,  exchange,  mortgage, 
grant,  alien,  or  otherwise  dispose  of,  and  to  make  dividends  of  such 
portions  of  the  profits  as  they  may  deem  proper ;  and  also  to  make 
and  have  a  common  seal,  and  the  same  to  alter  and  renew  at  plea¬ 
sure,  and  also  to  ordain,  establish  and  put  in  execution,  such  by- 
BylaW8'  laws,  ordinances  and  regulations  as  shall  appear  necessary  or  conve¬ 
nient  for  the  government  of  said  corporation,  not  being  contrary  to 
the  constitution  and  laws  of  the  United  States,  or  of  this  Common¬ 
wealth,  and  generally  to  do  all  and  singular,  the  matters  and  things 
which  to  them  it  shall  lawfully  appertain  to  do  for  the  well-being  of 
said  corporation,  and  the  due  ordering  and  management  of  the  affairs 
thereof :  Provided ,  That  nothing  herein  contained  shall  be  con¬ 
strued  as  in  any  way  giving,  to  such  corporation,  any  banking  privi¬ 
leges  whatever,  or  any  other  liberties,  privileges,  or  franchises  but 
such  as  may  be  necessary  or  convenient  to  the  procuring,  owning, 
Equipments,  making,  maintaining,  regulating  and  using  their  railroad,  the  loco¬ 
motives,  machinery,  cars  and  other  appendages  thereof,  and  the  con¬ 
veyance  of  passengers,  the  transportation  of  goods,  merchandise  and 
other  commodities  thereon  :  And  provided  further ,  That  such  Corn- 
Real  estate.  pany  shall  not  purchase  or  hold  any  real  estate,  except  such  as  may 


19 


be  necessary  or  convenient  for  the  making  and  constructing  of  their 
Railroad,  or  for  the  furnishing  of  materials  therefor,  and  for  the 
accommodation  of  depots,  offices,  ware-houses,  machine-shops,  toll¬ 
houses,  engine  and  water  stations,  and  other  appropriate  appurte¬ 
nances,  and  for  the  persons  and  things  employed,  or  used  in  and 
about  the  same. 

Section  3.  That  the  Commissioners  named  as  aforesaid,  or  such 
of  them  as  shall  have  acted,  shall  as  soon  as  conveniently  may  be 
after  the  said  letters  patent  shall  be  obtained,  appoint  a  time  and 
place  for  the  subscribers  to  meet,  to  organize  the  Company,  and  shall  Organization 
give  at  least  two  weeks’  notice  thereof,  in  the  manner  provided  for 
in  the  first  section  of  this  act ;  and  the  said  subscribers,  when  met, 
shall  elect,  by  a  majority  of  the  votes  present,  to  be  given  in  person 
or  by  proxy,  a  President  and  twelve  Directors;  the  President  and  a 
majority  of  whom  shall  be  resident  citizens  of  this  Commonwealth, 
and  shall  be  owners  respectively  of  at  least  three  shares  in  the  stock 
of  such  Company ;  and  the  said  President  and  Directors  shall  con¬ 
duct  and  manage  the  affairs  and  business  of  said  Company,  until  the 
second  Monday  in  January  then  next  ensuing,  and  until  others  are 
chosen ;  and  may  make,  ordain  and  establish  such  by-laws,  rules, 
orders,  and  regulations,  and  perform  such  other  matters  and  things 
as  are  by  this  act  authorized  :  Provided ,  That  in  case  of  the  re¬ 
signation,  death,  or  removal  of  the  President,  the  Directors  shall, 
by  a  majority  of  votes,  supply  the  vacancy  until  the  next  annual  vacancy, 
election. 

Section  4.  That  the  Stockholders  of  such  Company  shall  meet  on 
the  second  Monday  in  January  in  every  year,  at  such  place  as  may 
be  fixed  on  by  the  by-laws,  of  which  notice  shall  be  given  at  least  an4 

two  weeks  previously  by  the  Secretary,  in  the  manner  before  men-elect,0B- 
tioned,  and  choose,  by  a  majority  of  the  votes  present,  a  President  and 
twelve  Directors  qualified  as  aforesaid,  for  the  ensuing  year,  who  shall 
continue  in  office  until  the  next  annual  election,  and  until  others  are 
chosen ;  at  which  annual  meeting  the  said  Stockholders  shall  have 
full  power  and  authority  to  make,  alter  or  repeal,  by  a  majority  of 
votes  given,  any  or  all  such  by-laws,  rules,  orders  and  regulations  as 
aforesaid,  and  do  and  perform  every  other  corporate  act  authorized 
by  their  charter;  the  Stockholders  may  meet  at  such  other  times  and 
places  as  they  be  summoned  by  the  President  and  Directors,  in  such 
manner  and  form,  and  giving  such  notice  as  may  be  prescribed  by 
the-  by-laws ;  and  the  President,  on  the  request  in  writing  of  any 
number  of  Stockholders  representing  not  less  than  one-tenth  in  in- 


20 


Special  meet¬ 
ing. 


Elections 
how  con¬ 
ducted. 


Powers. 


terest,  shall  call  a  special  meeting,  giving  the  like  notice,  and  stat¬ 
ing  specifically  the  objects  of  the  meeting;  and  the  objects  stated 
in  such  notice,  and  no  other,  shall  be  acted  on  at  such  special 
meeting. 

Section  5.  The  elections  for  Directors  provided  for  in  this  act, 
shall  be  conducted  as  follows,  to  wit :  at  the  first  election  the  Com¬ 
missioners  shall  appoint  three  Stockholders  to  be  judges  of  the  said 
election,  and  to  hold  the  same ;  and  at  every  succeeding  election  the 
Directors,  for  the  time  being,  shall  appoint  three  Stockholders  for 
the  like  purpose ;  and  the  persons  so  appointed  by  said  Commis¬ 
sioners  and  Directors,  shall  not  be  eligible  to  an  election  as  a  Director 
at  said  election,  and  shall  respectively  take  and  subscribe  an  oath  or 
affirmation,  before  an  alderman  or  justice  of  the  peace,  well  and  truly 
and  according  to  law,  to  conduct  such  election  to  the  best  of  their 
knowledge  and  ability;  and  the  said  judges  shall  decide  upon  the 
qualifications  of  voters,  and  when  the  election  is  closed,  shall 
count  the  votes,  and  declare  who  have  been  elected ;  and  if  at  any 
time  it  shall  happen  that  an  election  of  Directors  shall  not  be  made 
at  the  time  specified,  the  corporation  shall  not  for  that  reason  be  dis¬ 
solved;  but  it  shall  be  lawful  to  hold  and  make  such  election^of  Di¬ 
rectors,  on  any  day  within  three  months  thereafter,  by  giving  at  least 
ten  days'  previous  notice  of  the  time  and  place  of  holding  said  elec¬ 
tion  in  the  manner  aforesaid ;  and  the  Directors  of  the  preceding 
year  shall  in  that  case  continue  in  office,  and  be  invested  with  all 
powers  belonging  to  them  as  such,  until  others  are  elected  in  their 
stead;  in  case  of  the  death  or  resignation  of  a  Director,  or  a  failure 
to  elect  in  case  of  a  tie  vote,  the  vacancy  may  be  filled  by  the  Board 
of  Directors;  at  all  general  meetings  or  elections  by  the  Stock¬ 
holders,  each  share  of  stock  shall  entitle  the  holder  thereof  to  one 
vote,  and  each  ballot  shall  have  endorsed  thereon  the  number  of 
shares  thereby  represented ;  but  no  share  or  shares  transferred  within 
sixty  days  next  preceding  any  election,  or  general  meeting  of  the 
Stockholders,  shall  entitle  the  holder  or  holders  thereof  to  vote  at 
any  such  election  or  general  meeting ;  nor  shall  any  proxy  be  re¬ 
ceived,  or  entitle  the  holder  to  vote,  unless  the  same  shall  bear  date, 
and  have  been  duly  executed  within  the  three  months  next  preceding 
such  election  or  general  meeting. 

Section  6.  That  the  President  and  Directors  of  such  Company, 
for  the  time  being,  are  hereby  authorized  and  empowered  to  exer¬ 
cise  all  the  powers  granted  to  the  corporation ;  they  shall  meet  at 
such  times  and  places  as  shall  be  by  them  deemed  most  convenient 


21 


for  the  transaction  of  their  business,  and  when  met  seven  shall  be 
a  quorum  to  do  business;  the  President,  if  present,  shall  preside  atQuormn- 
all  meetings  of  the  Board,  and  when  absent  the  Board  shall  appoint 
a  President  pro.  tern. ;  they  shall  keep  minutes  of  their  proceedings  Minutes, 
fairly  entered  in  a  suitable  book  to  be  kept  for  that  purpose ;  they 
shall  choose  a  Secretary  and  Treasurer,  and  may  appoint  or  employ 
all  such  officers,  engineers,  agents,  superintendents,  artisans,  work-Officers- 
men  or  other  persons,  as  in  their  opinions  may  be  necessary  or  proper 
in  the  management  of  the  affairs  and  business  of  said  corporation, 
at  such  times,  in  such  manner,  and  under  such  regulations  as  they 
may  from  time  to  time  determine ;  they  shall  fix  the  amount  of  the 
salaries  and  wages  of  such  officers  and  persons  employed  by  them,  salaries, 
and  they  may  require  bond,  with  security  in  such  amounts  as  they 
may  deem  necessary,  of  each  or  any  of  said  officers  or  other  persons 
by  them  appointed  or  employed,  for  the  faithful  discharge  of  their 
duties,  and  generally  to  do  all  such  other  acts,  matters,  and  things, 
as  by  this  act  and  the  by-laws  and  regulations  of  the  said  Company, 
they  may  be  authorized  to  do. 

Section  7.  That  the  President  and  Directors  of  such  Company  certificates 
first  chosen,  shall  procure  certificates  or  evidences  of  stock  for  all  the  of  stock' 
shares  of  such  Company,  and  shall  deliver  one  or  more  certificates 
or  evidences,  signed  by  the  President,  countersigned  by  the  Trea¬ 
surer,  and  sealed  with  the  common  seal  of  the  corporation,  to  each 
person  or  party  entitled  to  receive  the  same,  according  to  the  num¬ 
ber  of  shares  by  him,  her,  or  them  respectively  subscribed  or  held ; 
which  certificates  or  evidences  of  stock  shall  be  transferable  at  the  Transferable 
pleasure  of  the  holder,  in  a  suitable  book  or  books  to  be  kept  by  the 
Company  for  that  purpose,  in  person  or  by  attorney  duly  authorized, 
in  the  presence  of  the  President  or  Treasurer,  subject,  however,  to 
all  payments  due  or  to  become  due  thereon  ;  and  the  assignee  or  party 
to  whom  the  same  shall  have  been  so  transferred,  shall  thereupon  be 
a  member  of  said  corporation,  and  have  and  enjoy  all  the  immunities, 
privileges  and  franchises,  and  be  subject  to  all  the  liabilities,  con¬ 
ditions  and  penalties  incident  thereto,  in  the  same  manner  as  the 
original  subscriber  .would  have  been  :  Provided,  That  no  certificate 
shall  be  transferred  so  long  as  the  holder  thereof  is  indebted  to  said 
Company,  unless  the  Board  of  Directors  shall  consent  thereto  :  And 
provided ,  That  no  such  transfer  of  stock  shall  have  the  effect  of  dis¬ 
charging  any  liabilities  or  penalties  theretofore  incurred  by  the  owner 
thereof. 


22 


Capital  stock  Section  8.  The  Capital  Stock  of  such  Company  shall  be  divided 

Shares.  .  . 

into  shares  of  fifty  dollars  each,  and  shall  be  called  in  and  paid  at 
installments  such  times  and  places,  and  in  such  proportions  and  installments  not, 
however,  exceeding  five  dollars  per  share  in  any  period  of  thirty 
days,  as  the  Directors  shall  require,  of  which  public  notice  shall  be 
given  for  at  least  two  weeks  next  preceding  the  time  or  times  ap¬ 
pointed  for  that  purpose,  in  the  manner  above  mentioned ;  and  if 
any  Stockholder  shall  neglect  to  pay  such  proportion  or  installment  so 
called  for  at  the  time  and  place  appointed,  he,  she,  or  they  shall  be 
liable  to  pay,  in  addition  to  the  proportion  or  installment  so  called  for, 
at  the  rate  of  one  per  cent,  per  month  for  the  delay  of  such  payment ; 
and  if  the  same  and  the  additional  penalty,  or  any  part  thereof,  shall 
remain  unpaid  for  the  period  of  six  months,  he,  she,  or  they  shall, 
Forfeiture,  at  the  discretion  of  the  Directors,  forfeit  to  the  use  of  the  Company, 
all  right,  title  and  interest  in  and  to  every  and  all  share  or  shares, 
on  account  of  which  such  default  in  payment  may  be  made  as  afore¬ 
said,  or  the  Directors  may,  at  their  option,  cause  suit  to  be  brought 
before  any  competent  tribunal,  for  the  recovery  of  the  amount  due 
on  such  shares,  together  with  the  penalty  of  one  per  cent,  per  month 
as  aforesaid ;  and  in  the  event  of  a  forfeiture,  the  share  or  shares  so 
forfeited,  may  be  disposed  of  at  the  discretion  of  the  President  and 
Directors,  under  such  rules  and  regulations  as  may  be  prescribed  by 
the  by-laws.  No  Stockholder  shall  be  entitled  to  vote  at  any  election, 
nor  at  any  general  or  special  meeting  of  the  Company,  on  whose 
share  or  shares  any  installment  or  arrearages  may  be  due  more  than 
thirty  days  next  preceding  said  election  or  meeting :  Provided ,  That 
no  forfeiture  of  stock  shall  release  or  discharge  the  owner  thereof 
from  any  liabilities  or  penalties  incurred  prior  to  the  time  of  such 
forfeiture. 

Dividends.  Section  9.  That  the  dividends  of  so  much  of  the  profits  of  such 
Company  as  shall  appear  advisable  to  the  Directors,  shall  be  de¬ 
clared  in  the  months  of  July  and  January  in  each  and  every  year,  * 
and  be  paid  to  the  Stockholders  or  their  legal  representatives,  on 
application  at  the  office  of  such  Company,  at  any  time  after  the  expi¬ 
ration  of  ten  days  from  the  time  of  declaring  the  same ;  but  the  said 
dividends  shall  in  no  case  exceed  the  amount  of  the  net  profits 
actually  acquired  by  the  Company,  so  that  the  capital  stock  shall 
never  be  impaired  thereby;  and  if  the  said  Directors  shall  make  any 
dividend  which  shall  impair  the  capital  stock  of  the  Company,  the 
Liability  of  Directors  consenting  thereto  shall  be  liable,  in  their  individual 

directors 

capacities,  to  such  Company  for  the  amount  of  the  capital  stock  so 


23 


divided,  recoverable  by  action  of  debt  as  in  other  cases ;  and  each 
Director  present  when  such  dividend  shall  be  declared,  shall  be  con¬ 
sidered  as  consenting  thereto,  unless  he  forthwith  enter  his  protest 
on  the  minutes  of  the  Board,  and  give  public  notice  to  the  Stock¬ 
holders  of  the  declaring  of  such  dividend. 

Section  10.  At  each  annual  meeting  of  the  Stockholders  of  any  Annual 

°  #  statements 

such  Company,  the  President  and  Managers  of  the  preceding  year  t< ^®ela“*o  k 
shall  exhibit  to  them  a  full  and  complete  statement  of  the  affairs  and  holders, 
proceedings  of  the  Company  for  such  year,  with  all  such  matters  as 
shall  be  necessary  to  convey  to  the  Stockholders  a  full  knowledge  of 
the  condition  and  affairs  of  said  Company;  and  the  said  President 
and  Directors  of  every  such  Company,  shall,  whenever  required,  fur¬ 
nish  to  the  legislature,  or  either  branch  thereof,  a  full  and  authentic 
report  of  their  affairs  and  transactions,  or  such  information  relating 
thereto  as  may  be  demanded  of  them. 

Section  11.  If  any  Company,  incorporated  as  aforesaid,  shall  at  any  Legislature 
time  misuse  or  abuse  any  of  the  privileges  granted  by  this  act,  or  by  EteiTin 
the  special  act  of  incorporation,  the  legislature  may  revoke  all  and  XL0,  &c., 
singular  the  rights  and  privileges  so  granted  to  such  Company ;  and  road  for 
the  legislature  hereby  reserves  the  power  to  resume,  alter  or  amend 
any  charter  granted  under  this  act,  and  take  for  public  use  any  road 
constructed  in  pursuance  of  such  charter :  Provided ,  That  in  re¬ 
suming,  altering  or  amending  said  charters,  no  injustice  shall  be 
done  to  the  corporators;  and  that,  in  taking  such  roads  for  public 
use,  full  compensation  shall  be  made  to  the  Stockholders. 

Section  12.  That  the  President  and  Directors  of  such  Company 
shall  have  power  and  authority  by  themselves,  their  engineers,  super¬ 
intendents,  agents,  artisans  and  workmen,  to  survey,  ascertain, 
locate,  fix,  mark  and  determine,  such  route  for  a  Railroad  as  they  Location, 
may  deem  expedient,  not  however  passing  through  any  burying- 
ground  or  place  of  public  worship,  or  any  dwelling-house  in  the 
occupancy  of  the  owner  or  owners  thereof,  without  his,  her,  or  their 
consent,  and  not  except  in  the  neighborhood  of  deep  cuttings,  or  high 
embankments,  or  places  selected  for  sidelings,  turnouts,  depots, 
engine  or  water  stations,  to  exceed  sixty  feet  in  width,  and  thereon 
to  lay  down,  erect,  construct  and  establish  a  Railroad,  with  one  or 
more  tracks,  with  such  branches  or  lateral  roads  as  may  be  specially 
authorized,  and  with  such  bridges,  viaducts,  turnouts,  sidelings,  or 
other  devices  as  they  may  deem  necessary  or  useful  between  the 
points  named  in  the  special  act  incorporating  such  Company,  com¬ 
mencing  at  or  within,  and  extending  to  or  into  any  town,  city  or  JJto  any**1'* 


24 


town,  city  or 
village. 


Land  and 
materials. 


Security. 


Timber. 


Occupation 
of  streets. 


Damages, 
bow  ascer¬ 
tained  and 
adjusted. 


village,  named  as  the  place  of  beginning  or  terminus  of  such  road ) 
and  in  like  manner,  by  themselves,  or  other  persons  by  them  ap¬ 
pointed  or  employed,  as  aforesaid,  to  enter  upon  and  into,  and  occupy 
all  land  on  which  the  said  Railroad  or  depots,  warehouses,  offices, 
toll-houses,  engine  and  water  stations,  other  buildings'  or  appurte¬ 
nances  hereinbefore  mentioned,  may  be  located,  or  which  may  be 
necessary  or  convenient  for  the  erection  of  the  same,  or  for  any  pur¬ 
pose  necessary  or  useful  in  the  construction,  maintenance  or  repairs 
of  said  Railroad,  and  therein  and  thereon  to  dig,  excavate  and  em¬ 
bank,  make,  grade,  and  lay  down  and  construct  the  same;  and  it 
shall  in  like  manner  be  lawful  for  such  Company,  their  officers,  agents, 
engineers,  contractors  or  workmen,  with  their  implements  and  beasts 
of  draught  or  burden,  to  enter  upon  any  lands  adjoining  or  in  the 
neighborhood  of  their  Railroad,  so  to  be  constructed,  and  to  quarry, 
dig,  cut,  take  and  carry  away  therefrom,  any  stone,  gravel,  clay, 
sand,  earth,  wood,  or  other  suitable  material  necessary  or  proper  for 
the  construction  of  any  bridges,  viaduct  or  other  buildings,  which 
may  be  required  for  the  use,  maintenance  or  repairs  of  said  Railroad  : 
Provided ,  That  before  such  Company  shall  enter  upon  or  take  pos¬ 
session  of  any  such  lands  or  materials,  they  shall  make  ample  com¬ 
pensation  to  the  owner  or  owners  thereof,  or  tender  adequate  security 
therefor :  Provided further ,  That  the  timber  used  in  the  construc¬ 
tion  or  repair  of  said  Railroad,  shall  be  obtained  from  the  owner 
thereof,  only  by  agreement  or  purchase  :  And  provided  further ,  That 
whenever  any  Company  shall  locate  its  road  in  and  upon  any  street 
or  alley,  in  any  city  or  borough,  ample  compensation  shall  be  made 
to  the  owners  of  lots  fronting  upon  such  street  or  alley,  for  any 
damages  they  may  sustain,  by  reason  of  any  excavation  or  embank¬ 
ment  made  in  the  construction  of  such  road,  to  be  ascertained  as 
other  damages  are  authorized  to  be  ascertained  by  this  Act. 

Section  13.  That  when  the  said  Company  cannot  agree  with  the 
owner  or  owners  of  any  lands  or  materials,  for  the  compensation  * 
proper  for  the  damage  done  or  likely  to  be  done  to,  or  sustained  by 
any  such  owner  or  owners  of  such  lands  or  materials,  which  such 
Company  may  enter  upon,  use  or  take  away,  in  pursuance  of  the 
authority  hereinbefore  given,  or  by  reason  of  the  absence  or  legal 
incapacity  of  any  such  owner  or  owners,  no  such  compensation  can 
be  agreed  upon,  the  Court  of  Common  Pleas  of  the  proper  county,  on 
application  thereto  by  petition,  either  by  said  Company  or  owner 
or  owners,  or  any  one  in  behalf  of  either,  shall  appoint  seven  discreet 
and  disinterested  freeholders  of  said  county,  neither  of  whom  shall 


25 


be  residents  or  owners  of  property  upon  or  adjoining  the  line  of  such 
Railroad,  and  appoint  a  time,  not  less  than  twenty  nor  more  than 
thirty  days  thereafter,  for  said  viewers  to  meet  at  or  upon  the  pre¬ 
mises  where  the  damages  are  alleged  to  be  sustained,  of  which  time 
and  place  ten  days’  notice  shall  be  given  by  the  petitioner  to  the 
said  viewers  and  the  other  party ;  and  the  said  viewers,  or  any  five 
of  them,  having  been  first  duly  sworn  or  affirmed,  faithfully,  justly 
and  impartially  to  decide,  and  true  report  to  make  concerning  all 
matters  and  things  to  be  submitted  to  them,  and  in  relation  to 
which  they  are  authorized  to  inquire  in  pursuance  of  the  provisions 
of  this  Act,  and  having  viewed  the  premises,  they  shall  estimate 
and  determine  the  quantity,  quality  and  value  of  said  lands  so  taken  or 
occupied,  or  to  be  so  taken  or  occupied,  or  the  materials  so  used  or 
taken  away,  as  the  case  may  be,  and  having  a  due  regard  to  and  making 
just  allowance  for  the  advantages  which  may  have  resulted,  or  which 
may  seem  likely  to  result  to  the  owner  or  owners  of  said  land  or  ma¬ 
terials,  in  consequence  of  the  making  or  opening  of  said  Railroad, 
and  of  the  construction  of  works  connected  therewith ;  and  after 
having  made  a  fair  and  just  comparison  of  said  advantages  and  dis¬ 
advantages,  they  shall  estimate  and  determine  whether  any,  and  if 
any,  what  amount  of  damages  has  been  or  may  be  sustained,  and  to 
whom  payable,  and  make  report  thereof  to  the  said  Court;  and  if 
any  damages  be  awarded,  and  the  report  be  confirmed  by  the  said 
Court,  judgment  shall  be  entered  thereon;  and  if  the  amount  thereof 
be  not  paid  within  thirty  days  after  the  entry  of  such  judgment, 
execution  may  then  issue  thereon  as  in  other  cases  of  debt,  for  the 
sum  so  awarded,  and  the  costs  and  expenses  incurred  shall  be 
defrayed  by  the  said  Railroad  Company ;  and  each  of  said  viewers 
shall  be  entitled  to  one  dollar  and  fifty  cents  per  day  for  every  day 
necessarily  employed  in  the  performance  of  the  duties  herein  pre¬ 
scribed,  to  be  paid  by  such  Railroad  Company. 

Section  14.  That  whenever,  in  the  construction  of  such  road  or 
roads,  it  shall  be  necessary  to  cross  or  intersect  any  established  road 
or  way,  it  shall  be  the  duty  of  the  President  and  Directors  of  the 
said  Company,  so  to  construct  the  said  road  across  such  established 
road  or  way,  as  not  to  impede  the  passage  or  transportation  of  persons 
or  property  along  the  same ;  and  that,  for  the  accommodation  of  all 
persons  owning  or  possessing  land  through  which  the  said  Railroad 
may  pass,  it  shall  be  the  duty  of  such  Company  to  make  or  cause  to 
be  made,  a  good  and  sufficient  causeway  or  causeways,  whenever  causeways, 
the  same  may  be  necessary  to  enable  the  occupant  or  occupants  of 


26 


To  be  kept  ii 
good  repair, 
Ac. 


Change  of  lo 
cation. 


Gauge  of 
railroads. 


Railroads  to 
be  public 
highways  foi 
certain  pur¬ 
poses. 


Company 
may  estab-  * 
lish  tolls. 


said  lands  to  cross  or  pass  over  the  same,  with  wagons,  carts  and 
implements  of  husbandry,  as  occasion  may  require;  and  the  said 
causeway  or  causeways,  when  so  made,  shall  be  maintained  and  kept 
in  good  repair  by  such  Company;  and  if  the  said  Company  shall 
neglect  or  refuse,  on  request,  to  make  such  causeway  or  causeways, 
or  when  made,  to  keep  the  same  in  good  order,  the  said  Company 
shall  be  liable  to  pay  any  person  aggrieved  thereby,  all  damages  sus¬ 
tained  by  such  person  in  consequence  of  such  neglect  or  refusal ; 
such  damages  to  be  assessed  and  ascertained  in  the  same  manner  as 
provided  in  the  last  section  for  the  assessment  of  damages :  Provided , 
That  the  said  Company  shall,  in  no  case,  be  required  to  make  or 
cause  to  be  made,  more  than  one  causeway  through  each  plantation 
or  lot  of  land,  for  the  accommodation  of  any  one  person  owning  or 
possessing  land  through  which  the  said  Railroad  may  pass;  and 
where  any  public  road  shall  cross  such  Railroad,  the  person  owning 
or  possessing  ;land  through  which  the  said  public  road  may  pass, 
shall  not  be  entitled  to  require  the  Company  to  erect  or  keep  in  re¬ 
pair  any  causeway  or  bridge  for  the  accommodation  of  the  occupant 
of  said  land. 

Section  15.  That  if  any  such  Railroad  Company  shall  find  it 
necessary  to  change  the  site  of  any  portion  of  any  turnpike  or  public 
road,  they  shall  cause  the  same  to  be  re-constructed  forthwith  at 
their  own  proper  expense,  on  the  most  favorable  location,  and  in  as 
perfect  a  manner  as  the  original  road  :  Provided ,  That  the  damages 
incurred  in  changing  the  location  of  any  road  authorized  by  this  sec¬ 
tion,  shall  be  ascertained  and  paid  by  such  Company,  in  the  same 
manner  as  is  provided  for  in  regard  to  the  location  and  construction 
of  their  own  road. 

Section  16.  Every  railroad  company  heretofore  chartered,  or 
which  may  hereafter  be  chartered,  is  hereby  authorized  to  construct 
or  change  their  guage  or  guages  of  road  to  such  a  width  as  the  direc¬ 
tors  of  such  railroad  company  may  deem  expedient,  and  all  laws  in¬ 
consistent  with  this  provision,  be  and  they  are  hereby  repealed. 

Section  17.  Upon  the  completion  of  any  railroad  authorized  as 
aforesaid,  the  same  shall  be  esteemed  a  public  highway  for  the  con¬ 
veyance  of  passengers  and  the  transportation  of  freight,  subject  to 
such  rules  and  regulations,  in  relation  to  the  same,  as  to  the  size  and 
construction  of  wheels,  cars  and  carriages,  the  weight  of  loads,  and 
all  other  matters  and  things  connected  with  the  use  of  said  railroad, 
as  the  president  and  directors  may  prescribe  and  direct :  Provided , 
That  the  said  company  shall  have  the  exclusive  control  of  the  motive 


27 


power,  and  may  from  time  to  time  establish,  demand  and  receive 
such  rates  of  toll,  or  other  compensation,  for  the  use  of  such  road 
and  of  said  motive  power,  and  for  the  conveyance  of  passengers,  the 
transportation  of  merchandise  and  commodities,  and  the  cars  or  other 
vehicles  conveying  the  same,  or  otherwise  passing  over  or  on  the  said 
railroad,  as  to  the  president  and  directors  shall  seem  reasonable : 
Provided  however  nevertheless ,  That  said  rates  of  toll  and  motive 
power  charges  so  to  be  established,  demanded  or  received,  when  the 
cars  used  for  such  conveyance  or  transportation  are  owned  or  furnished 
by  others,  shall  not  exceed  two  and  one-half  cents  per  mile  for  each 
passenger,  three  cents  per  mile  for  each  ton  of  two  thousand  pounds 
of  freight,  three  cents  per  mile  for  each  passenger  or  baggage  car, 
and  two  cents  per  mile  for  each  burden  or  freight  car,  every  four 
wheels  being  computed  a  car;  and  in  the  transportation  of  passen¬ 
gers,  no  charge  shall  be  made  to  exceed  three  cents  per  mile  for 
through  passengers,  and  three  and  a  half  cents  per  mile  for  way  pas- 


Rates  of  toll, 
when  cars 
are  owned  by 
others. 


Section  18.  If  any  company  incorporated  as  aforesaid,  shall  not  On  neglect 

.  .  .  .  ........  to  commence 

commence  the  construction  ot  their  proposed  railroad  within  three  and  complete 
years,  and  complete  and  open  the  same  for  use,  with  at  least  one  track  to  be  for- 
within  the  term  prescribed  by  the  special  act  authorizing  the  same,  or 
if  after  completion,  the  said  railroad  shall  be  suffered  to  go  into  decay, 
and  be  impassable  for  the  term  of  two  years,  then  their  charter  shall 
be  null  and  void,  except  so  far  as  to  compel  the  said  company  to  make 
reparation  for  damages. 

Section  19.  In  all  cases  where  acts  creating  railroad  or  canal  com-  security  for 
panies,  security  to  the  owners  of  lands,  through  which  any  canals  and  beTpprovod 
railroads  may  pass,  is  required  to  be  given,  and  approved  by  any  of  fudges.0 
the  courts  in  the  counties  where  such  lands  lie,  said  security  may  be 
given  and  approved  of  by  any  two  of  the  judges  of  said  courts  during 
vacation  :  Provided ,  That  at  least  five  days’  notice  shall  first  be  given  Notice  of 

.  offering  the 

to  the  owners  of  such  lands,  or  their  known  agent  or  attorney,  of  the  same  to  bo 
time  and  place  of  offering  such  security,  and  the  names  of  the  sureties  g  TeD 
to  be  offered. 


Section.  20.  In  all  cases  for  the  assessment  of  damages  caused  by  Judgments 

.  .  _  .  Mil*  1  .  for  damages 

the  construction  ot  canals  or  railroads  by  incorporated  companies  in  to  carry 

costs. 

this  commonwealth,  if  the  viewers  or  a  jury  shall  find  for  the  plain- 

the  rendition  of 


tiff  any  sum  of  damages,  such  award  or  verdict  on 
judgment  shall  carry  costs,  unless  there  may  be  some 
in  the  act  incorporating  such  company  to  the  contrary. 


provision 


28 


Service  of 
process. 


How  process 
served  where 
officers  not 
found  within 
the  county. 


Suits  by  or 
against  canal 
or  railroad 
companies 
may  be  re¬ 
moved  into 
adjacent 
county. 


Party  re¬ 
moving  to 
make  oath, 
&c. 


Limitation 
of  right  to 
remove. 


Section  21.  That  in  all  suits  or  actions  against  such  Company, 
the  service  of  process  on  the  President,  Secretary,  Treasurer,  Engi¬ 
neer,  Agent  or  any  Director  of  the  same,  shall  he  good  and  available 
in  law ;  but  no  suit  or  action  shall  be  prosecuted  by  any  person  or 
persons,  for  any  penalties  incurred  under  this  Act,  unless  such  suit 
or  action  shall  be  commenced  within  two  years  next  after  the  offense 
committed  or  cause  of  action  accrued ;  and  the  defendants  in  such 
suit  or  action  may  plead  the  general  issue,  and  give  this  act  and  the 
special  matter  in  evidence,  and  that  the  same  was  done  in  pursuance 
and  by  authority  of  this  act. 

Section  22.  When  any  action  is  commenced  by  any  person  or 
persons,  or  bodies  corporate,  against  an  incorporated  railroad  or  canal 
company,  in  any  county  in  which  the  corporate  property  of  such  com¬ 
pany  is  wholly  or  in  part  situated,  it  shall  be  lawful,  if  the  president, 
treasurer,  secretary  or  chief  clerk  of  such  corporation  does  not  reside  or 
cannot  be  found  in  such  county,  for  the  sheriff,  or  other  officer  to  whom 
such  process  is  directed,  to  serve  the  same  on  any  manager  or  director 
of  such  company  being  in  such  county,  and  the  service  so  made  shall 
be  deemed  sufficient ;  and  in  case  no  director  or  manager  can  be  found 
in  the  county,  it  shall  be  lawful  for  such  officer  to  go  into  an  adjoin¬ 
ing  county  to  serve  the  process  as  hereinbefore  stated. 

Section  23.  It  shall  and  may  be  lawful  for  either  party,  in  any 
suit  or  action  now  pending  or  that  may  hereafter  be  brought  in  any 
of  the  courts  of  this  commonwealth,  by  or  against  any  canal  or  rail¬ 
road  company,  to  remove  the  same  into  the  court  of  any  other  adja¬ 
cent  county  through  which  the  canal  or  railroad  of  such  company  is 
not  located,  which  suits,  so  removed,  shall  be  proceeded  in  by  the 
proper  court,  in  like  manner,  and  subject  to  like  rules  and  proceed¬ 
ings  as  if  it  had  remained  in  the  court  in  which  it  was  originally 
commenced,  and  upon  final  judgement,  testatum  executions  may  issue 
as  in  other  cases :  Provided ,  That  the  party  so  removing  shall  first 
take  and  subscribe  an  oath  or  affirmation,  to  be  filed  of  record  with 
the  cause,  that  such  removal  is  not  made  for  the  purpose  of  delay, 
but  because  he  firmly  believes  a  fair  and  impartial  trial  cannot  be  had 
in  the  county  through  which  such  canal  or  railroad  may  pass  :  And 
provided  further ,  That  the  provisions  of  this  act  shall  not  be  so  con¬ 
strued  as  to  interfere  with  the  existing  laws,  relative  to  the  assess¬ 
ment  of  damages  to  property,  occasioned  by  the  construction  of  such 
canals  or  railroads,  nor  with  the  right  and  privilege  heretofore 
granted  to  any  canal  or  railroad  company,  to  have  suits  against  them 
tried  in  any  particular  county  or  counties. 


29 


Section  24.  All  and  every  suit  or  action  now  pending,  or  that  How  costs 

^  and  expenses 

may  hereafter  be  brought  by  or  against  any  canal  or  railroad  company,  of^actions  re¬ 
in  any  of  the  courts  of  this  commonwealth,  and  which  now  are  or  borne, 
hereafter  shall  be  removed  into  a  court  of  any  other  adjacent  county, 
by  virtue  of  the  act  of  the  14th  April,  1834,  relative  to  suits  brought 
by  and  against  canal  and  railroad  companies,  the  cost  and  expenses 
thereof  shall  be  borne  and  paid  by  the  county  in  which  suit  or  action 
was  brought,  and  that  in  all  cases  where  the  venire  of  any  suit  now 
depending  has  been  or  may  be  changed,  and  where  the  venire  of  any 
suit  hereafter  to  be  instituted  may  be  changed,  and  where  suits  are 
directed  to  be  brought  in  any  particular  county,  the  costs  of  summon¬ 
ing  the  jury  and  the  pay  of  the  jurors  shall  be  borne  by  the  county 
in  which  the  cause  of  action  originated. 

Section  25.  It  shall  and  may  be  lawful  for  the  county  com_Tob®fec°- 
missioners  of  the  county  into  which  any  suit  or  action  now  is  or  here-  !he  cou"ty 
after  may  be  removed,  by  virtue  of  the  above  recited  act,  to  ask,  Jesuit  was 
demand,  sue  for,  recover  and  receive  of  the  commissioners  of  the 
county  from  which  the  same  may  or  shall  be  removed,  all  the  costs 
and  expenses  incurred  by  the  county  to  which  the  same  may  have 
been  removed  as  aforesaid. 

Section  26.  So  much  of  the  act,  entitled  “  An  act  relative  to  suits  Actions  on 

'  _  contracts  not 

brought  by  and  against  canal  and  railroad  companies,”  approved  the  toberemov- 
14th  day  of  April,  1834,  as  is  applicable  to  actions  brought  on  contracts, 
express  or  implied,  be  and  the  same  is  hereby  repealed;  and  all  such 
actions  as  have  been  removed  in  pursuance  of  such  act  and  still  pend¬ 
ing  be  returned  for  trial  to  the  court  in  which  they  were  respectively 
commenced. 

Section  27.  In  all  cases  where  two  railroads  in  this  common-  Running  of 

cars  on  con- 

wealth  are  or  shall  be  connected,  it  shall  be  lawful  for  the  company  nectingraii- 
owning  either  of  the  said  railroads  (with  the  consent  of  the  company  lated.  s 
owning  the  other  of  said  railroads)  to  run  its  cars  and  locomotive 
engines  upon  the  said  other  railroad,  and  erect  water  stations  and 
other  buildings  for  the  due  accommodation  of  the  cars  and  engines 
employed  thereon  :  Provided ,  That  nothing  herein  contained  shall  be 
construed  or  interpreted  to  release  or  exonerate  any  company  owning 
a  railroad  from  the  obligation  and  duty  which  may  be  now  imposed 
by  existing  laws,  of  transporting,  subject  to  the  rules  and  regulations 
of  said  companies,  by  locomotive  steam  engines,  the  cars,  whether 
loaded  or  empty,  of  all  persons  and  companies,  who  may  re¬ 
quire  such  transportation  over  and  along  so  much  and  such  parts 
of  their  railroad  as  locomotive  steam  engines  shall  be  run  upon, 


30 


Penalty  for 
obstructing 
private  roads 
or  crossing 
places. 


How  process 
may  be 
served. 


Penalty  for 
obstructing 
public 
streets. 


Penalty  for 
committing 
injuries  to 
works,  &c. 


whether  they  be  run  by  the  company  owning  the  road  or  by  any 
other  company. 

Section  28.  Any  chartered  railroad  company  in  this  common¬ 
wealth  obstructing  or  impeding  the  free  use  or  passage  of  any  private 
road  or  crossing  place,  by  standing  burden  cars  or  engines,  or  placing 
other  obstructions  on  any  railroad  wherever  any  private  road  or  cross¬ 
ing  place  may  be  necessary  to  enable  the  occupant  or  occupants  of 
land  or  farms  to  pass  over  any  railroad  with  horse,  cows,  hogs,  sheep, 
carts,  wagons  and  implements  of  husbandry,  shall  for  every  such  of¬ 
fense,  after  any  agent  or  other  person  in  the  employment  of  any  rail¬ 
road  company  shall  have  received  at  least  fifteen  minutes  verbal  notice 
to  remove  burden  cars,  engines  or  other  obstructions  from  any  private 
road  or  crossing  place  that  may  pass  over  any  railroad,  be  liable  for  a 
penalty  of  thirty  dollars,  which  shall  be  for  the  use  of  the  person  or 
persons  aggrieved,  and  which  shall  be  recovered  before  any  justice  of 
the  peace  in  the  same  manner  that  debts  not  exceeding  one  hundred 
dollars  are  by  law  recoverable.  And  in  all  suits  or  actions  that  may 
be  brought  against  any  railroad  company  for  the  recovery  of  said 
penalty  of  thirty  dollars,  the  service  of  legal  process  on  any  agent  or 
other  person  in  the  employment  of  any  railroad  company  shall  be  as 
good  and  available  in  law  as  if  made  on  the  president  thereof. 

Section  29.  It  shall  not  be  lawful  for  any  railroad  company  to 
block  up  the  passage  of  any  crossings  of  public  streets  or  roads,  or 
obstruct  the  said  crossings  with  their  locomotives  or  cars ;  and  if  any 
engineer  or  other  agent  of  any  such  railroad  company  shall  obstruct 
or  block  up  such  crossings,  he  or  they  shall  be  subject  to  a  penalty  of 
twenty-five  dollars,  to  be  recovered  with  costs,  in  the  name  of  the 
commonwealth  of  Pennsylvania,  before  a  justice  of  the  peace ;  one 
half  of  such  penalty  shall  be  paid  to  the  informer  or  informers,  and 
the  remaining  half  shall  be  paid  into  the  treasury  of  the  common¬ 
wealth  :  Provided ,  that  in  the  event  of  the  said  engineer  or  agent 
being  unable  to  pay  the  said  penalty,  then  and  in  that  case,  the  said 
railroad  company  employing  the  said  engineer  or  agent  shall  pay  the 
penalty  aforesaid. 

Section  30.  That  if  any  person  or  persons  shall  willfully  and 
knowingly  break,  injure  or  destroy,  any  Railroad  authorized  by  spe¬ 
cial  Act  of  Assembly,  or  any  part  thereof,  or  any  edifice,  device, 
property  or  work,  or  any  part  thereof,  or  any  machinery,  engine, 
car,  implement  or  utensil,  erected,  owned  or  used  by  such  Company, 
in  pursuance  of  this  Act,  he,  she  or  they  so  offending,  shall  forfeit 
and  pay  to  such  Company,  three  times  the  actual  damage  so  sustain- 


31 


ed,  to  be  sued  for  and  recovered  with  full  costs,  before  any  tribunal 
having  cognizance  thereof,  by  action  in  the  name  and  for  the  use  of 
the  Company. 

Section  31.  That  if  any  person  or  persons  shall  willfully  and  ma-  penalty  for 
liciously  remove  or  destroy  any  part  of  the  road,  property,  buildings 
or  other  works,  belonging  to  such  Company,  or  place,  designedly  and 
with  evil  intent,  any  obstruction  on  the  line  of  such  Railroad,  so  as 
to  jeopard  the  safety  or  endanger  the  lives  of  persons  traveling  on  or 
over  the  same,  such  person  or  persons  so  offending,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  shall  on  conviction  be  imprisoned  in 
the  county  jail  or  penitentiary,  at  the  discretion  of  the  court,  for  a 
term  not  more  than  three  years  :  Provided ,  That  nothing  herein  con¬ 
tained  shall  prevent  the  Company  from  pursuing  any  other  appro¬ 
priate  remedy  at  law  in  such  cases. 

Section  32.  That  if  any  Company  incorporated  as  aforesaid,  shall 
not  commence  the  construction  of  their  proposed  Railroad  within 
three  years,  and  complete  and  open  the  same  for  use,  with  at  least 
one  track,  within  the  term  prescribed  by  the  special  act  authorizing 
the  same,  or  if  after  completion  the  said  Railroad  shall  be  suffered 
to  go  into  decay,  and  be  impassable  for  the  term  of  two  years,  then 
this  charter  shall  be  null  and  void,  except  so  far  as  to  compel  the 
said  Company  to  make  reparation  for  damages. 

WILLIAM  F.  PACKER, 

Speaker  of  the  House  of  Representatives . 

GEORGE  DARSIE, 

Speaker  of  the  Senate. 

Approved  the  nineteenth  day  of  February,  one  thousand  eight 
hundred  and  forty-nine. 


WM.  F.  JOHNSON. 


(Copy.) 


CITY  SOLICITOR'S  OFFICE, 

City  Building,  No.  212  South  Fifth  Street. 

Philadelphia ,  June  16,  1858. 

Sir: 

The  written  obligation  of  “The  Second  and  Third  Street  Passenger 
Railway  Company,”  to  the  City  of  Philadelphia,  filed  to-day  in  this 
Office,  is  a  sufficient  compliance  with  the  provisions  of  the  second  sec¬ 
tion  of  the  Ordinance  of  April  16th,  1858,  entitled  an  “Ordinance 
relating  to  certain  Passenger  Railway  Companies.” 

Respectfully  Yours, 


HENRY  T.  KING, 


Robert  Kelton,  Esq. 

Treasurer  Second  <£•  Third  St.  Passenger  Railway  Co. 


City  Solicitor. 


BY-LAWS. 


MEETINGS. 

The  Stated  meetings  of  the  Board  of  Directors  shall  be  held  on  stated  Meet- 
every  other  Wednesday  of  each  month,  at  4  o’clock,  P.  M.  Special 
meetings  may  he  called  by  the  President  whenever  he  may  deem  it 
necessary,  or  at  the  request  in  writing  of  any  three  members,  giving 
at  least  twelve  hours  notice  of  the  same. 

Seven  members  shall  constitute  a  quorum.  Quorum. 


II. 

THE  PRESIDENT. 

The  President  shall  preside  at  all  the  meetings  of  the  Board,  pre-  President— 
serve  order,  regulate  debate  according  to  the  usual  parliamentary 
rules,  and  shall  appoint  all  committees  not  otherwise  ordered  by  the 
Board. 

He  shall  have  the  custody  of  the  seal  of  the  Company,  conduct  the  Seal, 
correspondence  and  attend  generally  to  the  executive  business  of  the 
Company  under  the  direction  of  the  Board,  and  be  ex-officio  a  mem¬ 
ber  of  all  committees.  In  the  absence  of  the  President  a  President  President 
pro.  tern,  may  be  appointed. 

III. 

TREASURER. 

The  Treasurer  shall  give  bonds,  with  one  or  more  satisfactory  securi-  shall  give 
ties  in  such  sum  as  the  Board  may  from  time  to  time  require,  for  the  b°nds' 
faithful  performance  of  all  his  duties.  He  shall  keep  a  separate  ac¬ 
count  as  Treasurer,  in  such  bank  or  banks  as  the  Board  may  from  Separate 
time  to  time  designate.  He  shall  make  a  detailed  statement  of  his  account, 
receipts  and  disbursements  at  each  stated  meeting  of  the  Board  for 
3 


34 


statement  in  the  preceding  month,  and  at  the  Stated  meeting  in  January,  in  each 

January.  .  i 

year,  he  shall  present  a  complete  statement  of  his  accounts  for  the 
year  ending  on  the  31st  of  December  previous,  and  shall  attend  to 
such  other  proper  duties  as  the  Board  may  from  time  to  time  require. 
Swmade  payments  shall  be  made  by  orders  drawn  upon  the  Treasurer, 

by  the  direction  of  the  Board,  signed  by  the  President  and  Secretary. 
His  books  shall  at  all  times  be  open  to  the  inspection  of  the  President 
Books  how  or  any  member  of  the  Board.  He  shall  keep  the  transfer  book  and 

kept.  "  r 

Stock  Ledger,  sign  all  certificates  and  make  transfers  in  accordance 
with  the  By-Laws.  On  his  retirement  from  office,  he  shall  hand 
over  to  his  successor  all  books,  funds,  and  papers  belonging  to  the 
Company. 


IV. 


SECRETARY. 

Shall  keep  a  The  Secretary  shall  keep  a  regular  record  of  the  proceedings  of 
the  Board,  give  notice  to  the  members  of  all  stated  or  special  meet¬ 
ings,  attend  the  meetings  of  all  standing  or  special  committees  when 
B^oks  how  required,  keep  such  books  and  attend  to  such  other  proper  duties  as 
Give  notice  the  President  or  Board  of  Directors  may  require,  and  give  the  notice 
meetings.  enj0}ne(j  law  of  the  annual  and  special  meetings  of  the  Stock¬ 
holders.  On  his  retirement  from  office,  he  shall  deliver  to  his  suc¬ 
cessor  all  books  and  papers  belonging  to  the  Company. 


Y. 

CERTIFICATES  OF  STOCK. 

now  issued.  Certificates  of  Stock  shall  be  issued  to  Stockholders  and  transfers 
made  when  required,  said  certificates  to  be  signed  by  the  President  and 
surrendered  Treasurer. and  authenticated  by  the  seal  of  the  Company.  The  cer- 
hT  canceled.0  tificates  surrendered  shall  be  canceled  by  the  President  or  Treasurer 
at  the  time  of  transfer,  and  examined  and  reported  upon  monthly  by 
the  committee  on  accounts. 

Any  person,  persons  or  corporations,  claiming  a  certificate  or  evi- 
eates  how  re-  dence  of  Stock  to  be  issued  in  lieu  of  one  lost  or  destroyed,  shall 
make  an  affidavit  or  affirmation  of  the  facts  and  advertise  the  same 
in  one  or  more  newspapers  in  Philadelphia,  twice  a  week,  for  four 
weeks,  describing  the  certificate,  and  shall  transmit  to  the  office  of 
the  Company  the  affidavit  or  affirmation,  with  the  advertisement,  and 
shall  give  the  Board  a  bond  of  indemnity  with  one  or  more  secu¬ 
rities,  if  required,  in  double  the  sum  of  money  paid  on  such  certifi- 


35 


cate  to  be  renewed,  against  any  damage  that  may  arise  from  the 
issuing  of  a  new  certificate ;  whereupon,  the  President  and  Treasurer 
may,  one  month  after  the  last  advertisement,  issue  a  new  certificate 
of  the  same  tenor  as  the  one  alledged  to  have  been  lost  or  de¬ 
stroyed,  thereon  specifying  that  it  is  in  lieu  thereof. 

VI. 

STANDING  COMMITTEES. 

The  standing  committees  to  be  appointed  annually  at  the  first  how  ap. 
stated  meeting  of  the  Board,  shall  be  a  committee  on  finance,  to  pomtcd' 
consist  of  five  members ;  a  committee  on  accounts,  to  consist  of  five 
members ;  and  a  committee  on  road,  to  consist  of  seven  members. 

The  standing  committees  shall  hold  at  least  one  stated  meeting  per 
month. 

*  The  committee  on  finance  shall  have  a  general  supervision  of  the  Duties. 

Finances  of  the  Company,  and  report  their  proceedings  to  the  Board 
at  each  stated  meeting. 

It  shall  be  the  duty  of  the  committee  on  accounts,  to  examine  and 
audit  all  bills  before  they  are  presented  to  the  Board  for  payment, 
and  to  have  a  general  supervision  of  the  accounts  of  the  Treasurer. 

The  committee  on  Road  shall  have  a  general  oversight  of  matters 
connected  with  the  construction  and  management  of  the  Road  and 
its  appurtenances,  but  no  contract  shall  be  valid  unless  acted  upon  by 
the  Board. 

Each  committee  shall  keep  a  regular  record  of  its  proceedings. 

I  VII. 

ELECTIONS. 

All  elections  shall  be  by  ballot,  unless  by  unanimous  consent,  when  How  con- 
the  vote  may  be  taken  viva-voce. 

VIII. 

ELECTION  PAPERS.  * 

The  Company  shall  retain  all  papers  which  shall  be  voted  on  at  papers  to  b< 
any  election,  for  one  year  thereafter,  for  the  inspection  of  the  stock- kept' 
holders. 


36 


IX. 

OFFICE  OF  THE  COMPANY. 

andwhen^  The  Office  ^e  Company  shall  be  in  the  City  of  Philadelphia, 
closed.  and  shall  be  kept  open  every  day  except  Sundays,  Christmas  and 
Fourth  of  July,  between  the  hours  of  9  A.  M.  and  3  P.  M.,  unless 
otherwise  ordered  by  the  Board. 

X. 

ORDER  OF  BUSINESS. 

The  order  of  business  shall  be  as  follows  : 

1.  When  a  quorum  appears,  the  President  shall  call  the  Board  to 

order. 

2.  Roll  call. 

3.  Minutes  read  and  if  necessary  amended. 

4.  Written  communications  read  and  disposed  of. 

5.  Reports  of  committees. 

6.  Treasurer’s  report. 

7.  Reports  of  Officers  of  the  Company. 

8.  Unfinished  business. 

9.  New  business. 

XI. 

AMENDMENTS. 

No  alteration  or  amendment  shall  be  made  in  these  By-Laws,  unless 

Alterations 

how  made,  presented  at  one  Stated  meeting  and  considered  at  a  subsequent 
stated  meeting,  but  any  by-law  may  be  suspended  by  consent  of  not 
less  than  two-thirds  of  the  whole  Board. 

XII. 

MEETING  OF  STOCKHOLDERS. 

The  President  and  Directors  may  convene  a  meeting  of  the  Stock¬ 
holders,  by  giving  twenty-four  hours  notice  of  the  same. 


